Chapter 8 : Intellectual Property Rights

Where is the protection of intellectual property recognized in the U.S.?

In the U.S. Constitution

What is intellectual property?

Property resulting from creative or intellectual processes

Can trademark dilution occur online?

Yes, it can occur onlineDo the products involved in a trademark dilution suit need to be similar?

Do the products involved in a trademark dilution suit need to be similar?

No, they do not have to be similar

What must a trademark owner prove to win an infringement lawsuit?

Likelihood of consumer confusion, not intentional infringement

What are fanciful trademarks considered in terms of distinctiveness?

The most distinctive trademarks

When is a descriptive term protected as a trademark?

When it acquires secondary meaning

Are service marks protected the same way as trademarks?

Yes, service marks receive the same protection

What is a trade name?

A name that indicates all or part of a business’s name

What are the basic requirements for patentability?

The invention must be novel, useful, and not obvious

What law protects ideas fixed in a durable medium?

Copyright law

Can you copyright a business process?

No, business processes are not copyrightable

What must a work be to receive copyright protection?

Original and fixed in a durable medium

Is registration required for copyright protection?

No, protection is automatic upon creation

What is the "first sale doctrine"?

Once a copyrighted item is sold, the owner can sell or give it away without violating copyright

What is protected as a trade secret?

Information like customer lists, pricing, marketing strategies, and formulas

What law protects trade secrets internationally?

The TRIPS agreement

What is the Berne Convention about?

International copyright protection among member countries

What does the Madrid Protocol simplify?

International trademark registration

What happens when a company traffics in counterfeit goods?

It commits a crime under all circumstances

What is a service mark?

A mark that distinguishes services rather than products

What is needed to prove patent infringement?

Copying all elements or their equivalents

What is a trade secret theft?

Stealing confidential business information like customer lists or pricing

What does copyright protect in software?

Human-readable and computer-readable parts

What defense can a user claim against a copyright infringement accusation?

Fair usehen does a trademark become enforceable?

hen does a trademark become enforceable?

When consumers associate the mark with the source

What is patent preemption?

Federal regulation overriding state law on patent issues

Can pricing information be a trade secret?

Yes, it can

What happens if a trade secret is stolen?

The thief can be sued for theft of trade secrets

Does tapping into a competitor’s computer for business data constitute theft?

Yes, it is theft of trade secrets